Georgia only requires drivers to carry $25,000 in bodily injury coverage per person (O.C.G.A. § 33-34-4). One trip to the ER and a few weeks of missed work can use that up. When the at-fault driver has too little insurance, or none, your own uninsured motorist (UM) coverage is often what pays the rest.
In Georgia, UM comes in two types. Which one you have can change your recovery by tens of thousands of dollars.
Add-on vs. reduced-by
Add-on (also called "excess") stacks on top of the other driver's insurance. You can collect their limits and your full UM limits.
Reduced-by subtracts the other driver's insurance from your UM limits. It costs a bit less, and it pays a lot less.
Here's the same crash under each type. You have $150,000 in damages, the at-fault driver carries the $25,000 minimum, and you carry $100,000 in UM.
With add-on UM: $25,000 from the at-fault driver's insurer, plus up to $100,000 from your UM coverage. Up to $125,000 total.
With reduced-by UM: $25,000 from the at-fault driver's insurer, plus up to $75,000 from your UM coverage. Up to $100,000 total.
Which one do you have?
Since 2009, Georgia policies include add-on coverage by default, unless you chose reduced-by in writing (O.C.G.A. § 33-7-11). Insurers also must include UM equal to your liability limits unless you rejected it or picked lower limits in writing. People sometimes sign those forms at the counter without realizing it.
To check, pull up your declarations page (the summary page of your policy) and look for "uninsured motorist" or "UM." It should say "added on" or "excess," or "reduced by." If it's unclear, ask your agent to tell you in writing.
My advice on buying it
Carry add-on UM, at least as high as your liability limits, and higher if you can. It protects you and the people in your car when someone else's insurance falls short. Per dollar, it's some of the most valuable coverage you can buy.
Hit-and-runs and other rules
Hit-and-run crashes can be covered by UM, but there are extra requirements. Report the crash to police right away, before you leave the scene if you can.
More than one policy may apply. For example, a policy covering a relative you live with. A lawyer can check every policy that might cover you.
UM claims have formal steps. Your insurer must be properly served within the filing deadline, and your policy requires you to cooperate with them.
Hit by an uninsured or underinsured driver? Call (770) 376-5314 for a free case review.
This post is general information, not legal advice, and reading it doesn't create an attorney-client relationship.
